08ASTANA767, KAZAKHSTAN: NEW LEGISLATION THREATENS RELIGIOUS

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C O N F I D E N T I A L SECTION 01 OF 04 ASTANA 000767
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/18/2018
TAGS: PHUMPGOVKIRFKDEMPRELKZ
SUBJECT: KAZAKHSTAN: NEW LEGISLATION THREATENS RELIGIOUS
FREEDOM
REF: (A) ASTANA 113 (NOTAL) (B) ASTANA 411 (NOTAL)
Classified By: Pol/Econ Chief Steven Fagin, Reasons 1.4 (b) and (d)
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SUMMARY
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¶1. (SBU) On April 2, a group of parliamentarians introduced
draft amendments to Kazakhstan's laws governing religious
organizations. Among other things, the amendments would
require all religious groups in the country to re-register
under more restrictive procedures; limit the activities of
smaller groups; establish a quota system and require local
government consent for missionaries; and prohibit all
financial contributions from foreign or anonymous donors.
Though the Ministry of Justice claimed that the amendments
are purely a parliamentary initiative, their introduction
follows a coordinated campaign by the Ministry of Justice to
increase political and public support for changes to the law,
through increased public pressure and criticism of
non-traditional religious groups and "sects." The Mazhilis
conducted a public hearing on the legislation on April 17.
According to participants, the legislation appears to be on
the fast track for approval, and deputies showed little
interest in inviting outside inp
ut or review. End summary.
--------------------------------------------- ---
PROPOSED LEGISLATION TIGHTENS GOVERNMENT CONTROL
--------------------------------------------- ---
¶2. (SBU) On April 2, six Mazhilis deputies and two senators
introduced draft amendments to Kazakhstan's laws governing
religious organizations. Among other things, the amendments
would:
-- establish new procedures for registering a religious
organization, and divide such organizations into local
religious organizations (formed within one administrative
unit upon the initiative of at least 10 adult citizens) and
central religious organizations (formed upon the initiative
of local religious organizations registered on the territory
of more than half of the oblasts for at least 10 years);
-- create a new category of entity called a "religious
group", subject to a simplified registration procedure but
sharply restricted in its activities. Such groups would be
permitted to engage in religious activities only among
members of the group, and would be forbidden from producing
religious literature or products, maintaining facilities open
to the public for religious worship or meetings, or preaching
and teaching outside of the group;
-- require all existing religious organizations (or
organizations involved in religious activities, but not
currently registered as a religious organization) to
re-register under the new law within two years from the date
it becomes effective;
-- prohibit all financial and other contributions from
foreigners and anonymous donors, and require religious
organizations to receive contributions with the assistance of
cash registers and with the participation of local government
officials; (Note: This provision would prohibit the common
practice of collecting tithes by passing a collection plate
during a church service. End note.)
-- require religious organizations to provide the government
with information about the fundamentals of the religion and
its associated practices, including information about the
history of the religion, forms and methods of its operation,
its perspective on marriage, family relations, education, and
the health of its followers, and restrictions for its members
and priests concerning human rights and liabilities;
-- establish that registration of a religious group
previously unknown in Kazakhstan may be suspended for up to
six months;
-- in the event the government denies registration, require
that the government provide written justification for the
denial and establish a right of appeal to court;
-- prohibit entities not registered as a religious
organization from conducting religious activities, unless the
entity is formed by a registered religious organization
(Note: According to a comment in the text of the draft
legislation, this provision is aimed at various public funds
ASTANA 00000767 002 OF 004
and charities that are actually involved in religious
education and preaching. End note.)
-- establish that the relationship between the government and
religious organizations will take into account the influence
of the religious organization on the development of spiritual
and cultural traditions of the people of Kazakhstan;
-- establish that religious organizations may be subject to
theological analysis by representatives of religious
organizations, public organizations, government agencies,
theologians, lawyers, and other experts upon request by a
citizen or a government agency;
-- define missionary activity as religious-educational
activity on behalf of a religious organization beyond the
territory of its activity (the region where t
he organization
is registered), and establish a yearly quota system for
missionaries, taking into account the views of local
government agencies on the number and affiliation of
missionaries that should be permitted in their territory;
-- prohibit religious organizations that force a split in
families, hinder high school education, damage the morale or
health of citizens, or force citizens to give their property
to the organization or its leaders
-- prohibit religious organizations that force citizens to
get involved in their operations or hinder them from
quitting, including through the use of force or threat of
force, dependence, hypnosis, or deceit;
-- require written consent from the parents or guardians of
underage children for their participation in any religious
gatherings or groups;
-- establish procedures for registering a religious
educational organization;
-- require that the full and short name of a religious
organization must contain an indication of its religion, and
a religious organization must use its full name during its
operations;
-- prohibit religious organizations from conducting worship
services or religious rites and ceremonies in private
dwellings, except in cases of ritual need where the rights
and interests of neighbors are observed;
-- require local government authorization for the
construction of a religious facility;
-- require expert theological review of all religious books
and materials, and restrict their public distribution to
public places, public transport, public streets, and during
visits to citizens' dwellings at the initiative and approval
of the citizens;
-- significantly increase fines and penalties for violating
the law.
¶3. (SBU) According to Ninel Fokina, chairperson of the Almaty
Helsinki Committee, the legislation represents a significant
and aggressive restriction of religious freedom. She said
the legislation is part of a trend throughout the CIS and
Shanghai Cooperation Organization to tighten control over
religious groups. In her analysis, the legislation is aimed
at evangelical Protestants, Jehovah's Witnesses,
Scientologists, and Hare Krishnas, all of whom have been
singled out for criticism by various government officials and
the media over the past few years. She predicted that most
of these groups will be pushed into the new "religious group"
category, which essentially prohibits proselytizing, and only
traditional groups such as state-approved Islamic groups, the
Russian Orthodox Church, the Catholic Church, and the Jewish
community will be able to gain religious organizations
status. Fokina speculated that a few of the more onerous
provisions may be dropped before final passage to pacify
critics.
---------------------------------------------
GOVERNMENT DENIES IT IS BEHIND THE AMENDMENTS
---------------------------------------------
¶4. (SBU) On April 11, Ardak Doszhan, the new chairman of the
Religious Issues Committee in the Ministry of Justice, told
us that these amendments were drafted and introduced by
members of parliament, not the government. He claimed that
the Ministry of Justice was not involved in drafting or
ASTANA 00000767 003 OF 004
proposing the legislation. (Comment: Doszhan's claim
contradicts earlier statements from deputy chairman of the
Religious Issues Committee Amanbek Mukhasov, who told us that
the Religious Issues Committee was drafting legislation and
arguing for its inclusion on the legislative agenda this
year. Ministry of Justice officials in Shymkent also told us
last month that the Ministry of Justice was working on new
legislation. End Comment.)
¶5. (SBU) Doszhan explained that members of parliament rarely
introduce legislation themselves, but there are special
procedures allowing them to do so. In accordance with these
procedures, he explained that the Cabinet reviewed the
legislation and offered general approval, with some
reservations. (Note: The draft amendments were accompanied
by a comment signed by Prime Minister Masimov that included a
few technical reservations, but offered "general support" for
the draft law. End note.) He said that the Religious Issues
Committee will function as an expert during the legislative
process, and will present the government's viewpoint and
reservations. He said the government was still in the process
of forming its viewpoint. Doszhan referred questions
concerning timing and process to the Mazhilis, and told us
that parliament is responsible for deciding whether to submit
the legislation to the OSCE for expert review.
-------------------------------------
MOMENTUM BUILDING OVER SEVERAL MONTHS
-------------------------------------
¶6. (SBU) Despite Doszhan's position that the amendments are
the result of a parliamentary initiative, the Ministry of
Justice and other supporters have been building public and
political support for new restrictions over the past several
months. The legislation follows the December 2007 adoption
of a Ministry of Justice program that specifically called for
new legislation to restrict missionaries and nontraditional
religious groups, a January 2008 speech by President
Nazarbayev criticizing foreign missionaries and calling for
new legislation to stop "religious radicalism" and extremism,
and a February and March 2008 surge in negative media
coverage of non-traditional religious groups, which was
consistent with the educational aims of the Ministry of
Justice program. (Refs A, B)
--------------------------------------
LEGISLATION ON TRACK FOR QUICK PASSAGE
--------------------------------------
¶7. (SBU) Fokina attended an April 17 public hearing organized
by the Mazhilis to discuss the legislation. She described
the public hearing as carefully orchestrated, and attended by
several NGOs, previously unknown to her, who claimed to
represent victims of religious extremism and sects. She
described most deputies as very aggressive in their support
of the legislation and very uninterested in considering
international norms. She asked deputies for the opportunity
to provide outside expertise and analysis of the legislation,
and asked how long she would have to provide such an
analysis. According to Fokina, the deputies told her that it
was too late. In her analysis, the legislation is on track
for passage within one month.
¶8. (C) OSCE Human Dimension Officer Eugenia Benigni and
Political Adviser to the EU Special Representative for
Central Asia Jens Beikuefner also attended the hearing and
shared Fokina's characterization of the event. Benigni spoke
at the hearing and encouraged the deputies to submit the
legislation to ODIHR for its review, though the deputies made
no commitment to do so. According to Fokina and Beikuefner,
the deputies agreed to create a working group for further
discussi
on of the legislation, though both believe that only
a few deputies were genuinely interested in further
discussion and input.
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COMMENT
-------
¶9. (C) Kazakhstan often prides itself on its religious
freedom record and tradition of inter-faith tolerance. This
legislation, if adopted in its current form, would severely
restrict the freedom of evangelical Christians, Jehovah's
Witnesses, Hare Krishnas, and other "non-traditional" groups,
and would formalize what critics such as Fokina already
allege: that inter-faith tolerance in Kazakhstan applies
only to certain favored traditional religious groups.
Supporters of this legislation knew it would be
controversial, and have developed significant momentum
ASTANA 00000767 004 OF 004
through a careful political and public relations campaign.
The government may be willing to drop a few provisions in
order to show moderation and pacify critics. Indeed,
supporters likely orchestrated the legislation's introduction
by individual parliamentarians in order to take pressure off
the government and give it room to maneuver. We believe it
will take sustained engagement by us and our like-minded
partners to ensure that the most objectionable provisions are
dropped. End Comment.
ORDWAY

The information recorded on this site has been extracted from http://Wikileaks.org (Kazakhstan) database..

We wish to express our gratitude to Julian Assange and his team for making this data available as it is an important public record.

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